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(영문) 서울고등법원 2019.01.22 2018누70464
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, thereby citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to 3 pages 12 of the judgment of the first instance.

(1) In light of the fact that it is difficult for the Plaintiff to expect actual protection in its home country, the Plaintiff’s continued homicide from the external third village can be deemed as persecution on the ground of his status as a member of a specific social group. However, considering the above circumstances, the Plaintiff’s assertion that the continuous homicide from the external third village may be deemed as having been imminent. However, even if considering the above circumstances, it is difficult to deem that the private dispute, as alleged by the Plaintiff, falls under persecution on the ground of her status as a member of a specific social group, is irrelevant to 14th page of the judgment of the first instance.

In addition, the Plaintiff asserts that Egypt’s vulnerability index was similar to that of North Korea (93.2) at 88.7 points in 2018, and that Egypt has no possibility of being protected by public authority or fair trial. However, there is no other evidence to acknowledge the above assertion on the sole basis of the descriptions of No. 6-1, No. 6-2, and No. 3.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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